1- Purpose
The purpose of these General Terms and Conditions of Business and Use is to regulate the provision of the information supplied on the on-line store of CUEVASDELDRACH and the commercial transactions arising between CUEVASDELDRACH and the users of the domain WWW.CUEVASDELDRACH.COM.

Both the browsing of the on-line store and the acquisition of any of the products offered on it imply the totally unreserved acceptance by the user of each and every one of these general terms and conditions of business and use. CUEVASDELDRACH may at any time, with no prior warning, modify these general terms and conditions of business and use and any particular conditions which may be included by publishing said modifications on the store site so that users may be made aware of them, reflecting the date of said modifications. Consequently, it will be the responsibility of all users to carefully read the General Terms and Conditions of Business and Use valid on every occasion they access this website, and therefore if they do not agree with any of the conditions set out here, they must refrain from using this website.

2- Services
Through the website, www.CUEVASDELDRACH.com offers users the opportunity to access:

– Information on CUEVASDELDRACH
– Information on the nature, goals and commitments of CUEVASDELDRACH
– Information on the conditions of payment
– Information on the operating of CUEVASDELDRACH
– On-line product store (hereinafter the “Services”).

3- Privacy and Treatment of Data
When, to access certain contents or services, it is necessary to provide information of a personal nature, users shall guarantee its veracity, accuracy, authenticity and validity. CUEVASDELDRACH will give these data the automated treatment corresponding to them in accordance with their nature or purpose, under the terms indicated in the Privacy Policy section.

4- Industrial and Intellectual Property
Users acknowledge and accept that all of the contents shown on the website and in particular, designs, texts, images, logos, icons, buttons, software, trade names, brands or any other signs eligible for industrial and/or commercial utilisation are subject to intellectual property rights and all brands, trade names or distinguishing features, all of the industrial and intellectual property rights, on the contents and/or any other elements inserted in the site, which are the exclusive property of CUEVASDELDRACH and/or of third parties, who have the exclusive right to use them in economic circulation. As a result, users undertake to not reproduce, copy, distribute, make available or publicly communicate, transform or modify said contents in any other way, holding CUEVASDELDRACH harmless for any claim arising from the failure to fulfil said obligations. Under no circumstances does access to the website imply any kind of waiver, transmission, licence or total or partial cession of said rights, unless expressly established otherwise. These General Terms and Conditions of Business and use of the website do not confer on users any right of use, alteration, exploitation, reproduction, distribution or public communication of the website and/or its contents other than those expressly envisaged here. Any other usage or exploitation or any rights shall be subject to prior, express authorisation granted specifically for this purpose by CUEVASDELDRACH or the third party owning the affected rights.

The contents, texts, photographs, designs, logos, images, computer programs, source codes and in general any intellectual creation existing on this site, and the site itself as a whole, as a multimedia artwork, are protected as copyright by intellectual property legislation. CUEVASDELDRACH is the owner of the elements that comprise the graphic design of the website, the menus, browsing buttons, HTML code, texts, images, textures, graphics and any other contents of the website or, in any case, has the corresponding authorisation for the use of said elements. The content set out on the website may not be reproduced in whole or in part, or transmitted, or registered by any data recovery system in any way or in any medium, unless the prior written authorisation of the aforementioned entity is given.

Moreover, it is forbidden to eliminate, elude and/or manipulate the copyright and the technical protection mechanisms, or any data mechanisms that may contain the contents. Users of this website undertake to respect the rights set forth and to avoid any action that may harm them, and in any case CUEVASDELDRACH reserves the right to exercise any means or take any legal action corresponding to it in defence of its legitimate intellectual and industrial property rights.

5- Obligations and Responsibilities of the Users of the Website
In general, users undertake to fulfil these conditions and to comply with the special warnings or instructions for use contained in them or on the website, and to always act in accordance with the law, with good practice and the demands of good faith, using due diligence and refraining from using the website in any way that may impede, damage or deteriorate its normal functioning, the assets or rights of the company, its suppliers, the other users or any third party in general. It is forbidden for minors to access and use the portal without the express consent of their parents or guardians.

Specifically, users undertake to:

1. Use the website and the contents and services appropriately and lawfully, in accordance with: (i) the legislation applicable at any given time; (ii) the General Terms and Conditions of Business of the website; (iii) generally accepted morals and good customs and (iv) public order.

2. Provide truthful information when filling out the forms contained in the website with their personal details, and keep it updated at all times so that they correspond to users’ real situation at any given time. The user will be the sole party liable for false or inaccurate declarations made and for any damages caused to CUEVASDELDRACH or to third parties by the information provided.

3. Provide truthful information on the details requested on the user registration form or order form, and to keep it updated.

Notwithstanding the provisions of the previous sections, users must also refrain from:

1. Using the website and/or the contents in an unauthorised or fraudulent manner for unlawful purposes or effects prohibited in these General Terms and Conditions of Usage, harming the rights and interests of third parties, or in any way that may damage, render unusable, overload, deteriorate or impede the normal utilisation of the services or the documents, archives and all kinds of contents stored in any computer hardware.

2. Accessing or attempting to access restricted areas or resources of the website without fulfilling the conditions demanded for said access..

3. Causing damage in the physical or logical systems of the website, its suppliers or third parties.

4. Introducing or disseminating computer viruses or any other physical or logical systems on the network that may cause damage to the physical or logical systems of CUEVASDELDRACH, its suppliers or third parties.

5. Attempting to access, use and/or manipulate the data of CUEVASDELDRACH, third party suppliers and other users.

6. Reproducing or copying, distributing, allowing public access through any public communication modality, transforming or modifying the contents, unless they have authorisation from the owner of the corresponding rights or it is allowed by law.

7. Eliminating, concealing or manipulating the notes on intellectual or industrial property rights and other identification details of the rights of CUEVASDELDRACH or of third parties included in the contents, and the technical protection devices or any information mechanisms that may be inserted in the contents.

8. Obtaining or attempting to obtain the contents, using means or procedures other than those provided for this purpose, as applicable, or those expressly indicated on the web pages where the contents are located or in general, than those habitually employed on the Internet as they do not involve a risk of damage to or disablement of the website and/or contents..

9. In particular, users undertake to refrain from actions that include but are not limited to the transmission, dissemination or making available to third parties of information, data, contents, messages, graphics, drawings, sound and/or image archives, photographs, recordings, software and in general, any kind of material which:

1. Is in any way contrary to, disparages or attacks the fundamental rights and public freedoms recognised by the constitution, in international treaties and in all other currently-valid legislation..

2. Inspires, incites or promotes criminal, abusive, libellous or violent actions or in general those that are against the law, morals, generally accepted good customs and public order..

3. Inspires, incites or promotes actions, attitudes or thoughts that are discriminatory for reasons of gender, race, religion, belief, age or condition.

4. Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or in general against the law, morals, generally accepted good customs and public order.

5. Is protected by intellectual or industrial property legislation belonging to CUEVASDELDRACH or to third parties without having been authorised the usage they wish to make of it.

6. Is contrary to the honour, personal or family privacy or self-image of individuals..

7. Constitutes any kind of advertising.

8. If, to access any of the services and/or contents of the website, users are given a password, they undertake to use it diligently, keeping it secret at all times. Consequently, they shall be responsible for its proper safekeeping and confidentiality, and undertake not to give it up to third parties, either temporarily or permanently, or to allow strangers to access to the aforementioned services and/or services. In addition, they undertake to notify CUEVASDELDRACH of any fact that may constitute misuse of their password, such as for example its theft, loss or unauthorised access, so as to proceed to cancel it immediately. Consequently, as long as the aforementioned notification is not made, CUEVASDELDRACH shall be exempt from any responsibility that may arise from the misuse of their password, and users shall be responsible for any illicit use of the contents and/or services of the website by any illegitimate third party.

10. Carrying out advertising or commercial operation activities through the website, and using the contents and information on it to send advertising or messages with any other commercial purpose, or gathering and storing the personal details of third parties.

If users negligently or maliciously fail to fulfil the obligations established in these General Terms and Conditions of Business and Use, they shall be liable for all of the damages that may arise from said breach for CUEVASDELDRACH.

6- Liabilities
CUEVASDELDRACH does not guarantee the continued access, or correct visualisation, downloading or utility of the elements and information contained in the pages of CUEVASDELDRACH, which may be hindered, rendered difficult or interrupted by factors or circumstances out of its control. CUEVASDELDRACH accepts no responsibility for the decisions that may be made as a consequence of access to the contents and information offered.

CUEVASDELDRACH may interrupt the service or immediately terminate the relationship with the user if it detects that usage of its website or of any of the services offered on it are contrary to these General Terms and Conditions of Use. CUEVASDELDRACH accepts no responsibility for damages, loss, claims or expenses arising from use of the website. It will only be responsible for eliminating any contents that may cause said damages as quickly as possible, as long as it receives notification thereof. In particular, it will not be responsible for any damages that may arise from the following, among others:

1. interferences, interruptions, faults, omissions, telephone malfunctioning, delays, blockages or disconnections in the functioning of the electronic system caused by deficiencies, overload and errors in the telecommunications networks and lines, or for any other reason beyond the control of CUEVASDELDRACH..

2. illegitimate intromissions through the use of harmful programs of any kind and via any communications medium, such as computer viruses or any others.

3. misuse or improper use of the website..

4. security or browsing errors caused by the incorrect functioning of the browser or due to the use of versions of the same that are not updated. The administrators of CUEVASDELDRACH reserve the right to fully or partially remove any content or information present on the website.

CUEVASDELDRACH declines all responsibility for damages of any kind that may be due to the improper utilisation of the services made freely available for use by persons who use the website. In addition, CUEVASDELDRACH is exonerated from any responsibility for any content and information that may be received as a consequence of the forms on which details are gathered; these forms are solely for the provision of consultation and query services. Furthermore, in the event that damages are caused by illegal or incorrect usage of said services, CUEVASDELDRACH may claim for said damages caused from the user.

The photographs and texts reproduced presenting the products offered are for information purposes only.

The liability of CUEVASDELDRACH with relation to any product acquired shall be strictly limited, in any case, to the purchase price of said product and shall not be compromised by any simple errors or omissions that may have occurred when all of the necessary precautions have been taken in the presentation of products.

CUEVASDELDRACH cannot be considered responsible for any damages, whatever their nature, whether they be material or immaterial or bodily, arising from inappropriate usage or functioning of the products commercialised. The same applies to any possible modifications made to the products by the suppliers. CUEVASDELDRACH may not be deemed responsible by a customer or third party for indirect damages, operating losses or lost profits taking place by any means even though said damages, loss or detriment may have been foreseeable by CUEVASDELDRACH or it was made aware of the possibility thereof.

Subject to the provisions of the preceding paragraphs, the responsibility of CUEVASDELDRACH by virtue of these general conditions may not exceed an amount equal to the sums paid after the transaction at the origin of said responsibility, whatever the cause or form of the action in question.

CUEVASDELDRACH may not be deemed responsible for the breach of the contract signed in the event of exhaustion of stocks or unavailability of the product, due to force majeure, the interruption of the activity or total or partial strike, in particular of the postal services and means of transportation or communications, floods or fire.

The provisions of this clause shall not affect your rights recognised by law in your capacity as a consumer, or your right to withdraw from the contract.

In the event of dispute, the customer may initially contact CUEVASDELDRACH in order to reach a friendly settlement.

7- Hyperlinks
Users undertake not to reproduce the CUEVASDELDRACH website or any of its contents in any way, even by means of a hyperlink, unless they have the express, written authorisation of CUEVASDELDRACH.

CUEVASDELDRACH’s website includes links to other websites managed by third parties, for the purpose of facilitating access by users to the information of collaborating and/or sponsor companies. Accordingly, CUEVASDELDRACH accepts no responsibility for the content of said websites, and does not place itself in the position of guarantor or an offering party of the services and/or information that third parties may offer through the third-party links.

Users are granted a limited, revocable and non-exclusive entitlement to create links to the website’s home page, exclusively for private and non-commercial use. Websites that include a link to our website (i) may not imply that CUEVASDELDRACH recommends the website in question or its services or products; (ii) they may not falsify their relationship with CUEVASDELDRACH or assert that CUEVASDELDRACH has authorised said link, or include brands, names, trade names, logos or other distinguishing features of CUEVASDELDRACH; (iii) they may not include contents that may be considered in bad taste, obscene, offensive, controversial, which incite violence or discrimination due to gender, race or religion, are contrary to public order or illegal; (iv) they may not link to any page of the website other than the homepage; (v) it must link to the website’s own address, without allowing the website making the link to reproduce the website as part of its own site or within one of its “frames” or create a “browser” on any of the website’s pages. CUEVASDELDRACH may at any time request that any link to the website be eliminated, after which you must immediately proceed to eliminate it. CUEVASDELDRACH cannot control the information, contents, products or services provided by other websites that have established links leading to the website.
Consequently, CUEVASDELDRACH does not accept any kind of responsibility for any aspect related to said websites.

8- Data protection
To use some of the services, users must first provide certain personal details. To this end, CUEVASDELDRACH will treat the personal data in automated fashion in compliance with Law 15/1999 of 13th December on the Protection of Data of a Personal Nature and the implementing Royal Decree 1720/2007. For this purpose, users may access the Data Protection Policy presented by CUEVASDELDRACH.

9- Prices
The sale prices indicated shall be shown with VAT. The specifications for each product show its price with VAT. The product lists show the prices with VAT. No VAT is charged in the Canary Islands, Ceuta and Melilla, and it will be deducted. The products on the website are commercialised to end clients, retailers and wholesalers. In all cases, the prices are expressed in Euros and do not include transportation costs.

The prices shown on the website correspond to a price list assigned to the customer. CUEVASDELDRACH reserves the right to modify the price assigned to the customer without prior notification.

As a general rule the merchandise shall be invoiced at the price valid at the time of the order, except in the case of promotions and/or campaigns.

10. Cookies
CUEVASDELDRACH reserves the right to use “cookie” technology on the website, in order to recognise you as a frequent user and personalise the use you make of the website by preselection of your language, or most desirable or specific contents. The “cookies” used by the website or the third party acting on its behalf are only associated to one anonymous user and his/her computer, and do not in themselves provide the user’s personal data.

Cookies are files sent to web browsers by a web server to record the user’s browsing on the website, when the user allows receipt of them. You can also eliminate the “cookies”. To do so, consult the instructions for using your browser.

Cookies allow CUEVASDELDRACH to recognise the browser of the computer employed by the user with the aim of facilitating contents and offering the user’s browsing or advertising preferences, the demographic profiles of users and for measuring the visits and traffic parameters, as well as monitoring progress and the number of entries.

11. Dispute resolution. Applicable law and jurisdiction
These General Conditions are governed by Spanish law. The parties choose to submit to the courts and tribunals of the domicile of the user for the resolution of conflicts, and waive any other jurisdiction.
In the event that any stipulation in these General Terms and Conditions of Use should be unenforceable or null and void by virtue of applicable legislation or as a consequence of a judicial or administrative decision, said unenforceability or nullity shall not render these General Terms and Conditions of Use unenforceable or null and void in their entirety. In these cases, CUEVASDELDRACH shall proceed to modify or replace said stipulation with another valid, enforceable one which attains the objective and pretension reflected in the original stipulation insofar as is possible.

1- Purpose
The purpose of these General Terms and Conditions of Business and Use is to regulate the provision of the information supplied on the on-line store of CUEVASDELDRACH and the commercial transactions arising between CUEVASDELDRACH and the users of the domain WWW.CUEVASDELDRACH.COM.

Both the browsing of the on-line store and the acquisition of any of the products offered on it imply the totally unreserved acceptance by the user of each and every one of these general terms and conditions of business and use. CUEVASDELDRACH may at any time, with no prior warning, modify these general terms and conditions of business and use and any particular conditions which may be included by publishing said modifications on the store site so that users may be made aware of them, reflecting the date of said modifications. Consequently, it will be the responsibility of all users to carefully read the General Terms and Conditions of Business and Use valid on every occasion they access this website, and therefore if they do not agree with any of the conditions set out here, they must refrain from using this website.

2.- Users of the online sales platform accessed from the website of CUEVASDELDRACH are familiar with electronic communications media and aware of the data security risks associated to the use of them. The users undertake to use these electronic media only in a legally acceptable manner.

3.- Acquisition of a ticket
By purchasing a ticket, the buyer accepts the provisions corresponding to security, access and supplementary regulations relating to the visit to the centre: the tickets can only be acquired by using the official website or authorised vendor. Moreover, the buyer is aware that should these regulations not be respected, he or she will be refused access to the centre with no compensation whatsoever. In addition, users declare that they have the necessary legal capacity to bind themselves to these general conditions of sale, and to use and, if applicable, enter into a contract through the website, in accordance with said conditions. With regard to the latter, users declare that they are aware of them, understand them and accept them in their entirety. Users declare that all of the information provided by them during the course of the utilisation of this website and in particular during the course of the ticket sale/purchase process is correct, true, complete and accurate.

4.- Personalisation of the ticket and identification
The tickets are personal and non-transferrable. The tickets must be protected from deterioration caused by water or other liquid materials. It is forbidden to modify or copy the tickets. The use of each ticket is reserved for the person whose name and surname appear on it. At the entrance to the recreational centre, a document may be demanded (national identity card, foreign resident’s identity card or passport) which allows the bearer to be identified. The recreational centre may also verify the validity of a ticket using a bar code reader.

5.- Type of printer
If you want to print the ticket, you must use an inkjet or laser printer; dot matrix printers do not guarantee sufficient quality. A ticket is only valid (in colour or black and white) if it has been printed with a quality of at least 300 dpi and has not been printed in “draft” mode. It is the responsibility of the buyer to ensure that the ticket is printed on A4 or 8½”x11″ format paper, that the printer is of standard type and that the ink or toner cartridge contains sufficient ink. .

6.- Deteriorated tickets
In the event that the dithered images or bar codes are deteriorated in any way, the ticket loses its validity. If a falsified ticket, or one acquired fraudulently (implying the report to the competent authorities) is detected, the recreational centres reserve the right to refuse access for all of the tickets and reimburse the bearers of non-falsified tickets.

7.- Impossibility of using the tickets due to reasons beyond the control of CUEVASDELDRACH:
7.1.- Mistaken purchase. In the event that the buyer makes a mistake and acquires a ticket for a different centre, day or time, the buyer shall not be entitled to request a refund. At each stage of the purchasing process, the name of the recreational centre in question is clearly specified. It is important that the buyer should check these data before finalising the purchase process. 7.2.- Closure of the centre due to climatological changes. If the recreational centre were forced to close after visitors have accessed it, the norms of said centre for these circumstances shall apply. In the event that buyers are unable to access the centre due to climatological reasons or for reasons beyond the control of the centre, said buyers must ask for the person in charge of the centre at the time; if they fail to do so, they shall lose any right they may have. 7.3.- Causes attributable to the buyer. In the event of inability to use the tickets acquired for a reason the origin of which is the exclusive responsibility of the customer (deficient print quality or deterioration of the tickets, for example) there will be no reimbursement of the price of the same.

8.- Cancellation and return of tickets
No ticket purchase made through this website may be cancelled. For this reason, the reimbursement of the price of the tickets is not possible.

9.- Protection of copyright
The contents of the CUEVASDELDRACH website are fully protected by the copyright law. Consequently, any downloading or copying of a page or part of the CUEVASDELDRACH website is only authorised if the notification of the copyright and of other protected terms is not modified. In the event of a download or external copying made by other media, all of the rights associated to this information are the property of CUEVASDELDRACH and/or the companies that own the recreational centres. It is strictly forbidden to make commercial use of the CUEVASDELDRACH website.

10.- Limitations of responsibility
CUEVASDELDRACH and/or the recreational centres are exempt from all responsibility arising from personal or material damages caused by imprudence or breach of the rules of behaviour and use of the centre’s installations. CUEVASDELDRACH does not guarantee the accuracy of the information presented on its website, in terms of both its veracity and its completeness. CUEVASDELDRACH is not responsible for any damages resulting from errors of telecommunication, technical problems, system failures or illegal manipulation of the computing systems involved, regardless of the place and the manner of the alteration. In addition, all liability associated to damages caused by incorrect functioning, interruptions (including maintenance) or overloading of the system, is excluded. CUEVASDELDRACH is not responsible for direct or indirect damages arising from the services or the information offered on its website, except in the event of gross negligence or wilful misconduct committed by the recreational centres. Liability corresponding to damages caused by the interconnection with other websites is also excluded. CUEVASDELDRACH reminds you that incorrect functioning may be the result of the interaction with other sites unknown to CUEVASDELDRACH, and it will accept no responsibility in connection with the content, products, services and other features provided by these sites. The information offered on CUEVASDELDRACH’s website must only result in private utilisation, and is intended to inform people likely to visit the centre. Users are advised that the information may be modified at any time without prior warning.

11. Resolution of disputes. Applicable law and jurisdiction
These General Conditions are governed by Spanish law. The parties choose to submit to the courts and tribunals of the domicile of the user for the resolution of conflicts, and waive any other jurisdiction.
In the event that any stipulation in these General Conditions should be unenforceable or null and void by virtue of applicable legislation or as a consequence of a judicial or administrative decision, said unenforceability or nullity shall not render these General Conditions unenforceable or null and void in their entirety. In these cases, CUEVASDELDRACH shall proceed to modify or replace said stipulation with another valid, enforceable one which attains the objective and pretension reflected in the original stipulation insofar as is possible.

Privacy policy and treatment of personal data

CUEVASDELDRACH guarantees the protection of all of the personal data provided by users on the website and, in compliance with the provisions of Organic Law 15/1999, of 13th December on the Protection of Data of a Personal Nature, Royal Decree 1720/2007 of 21st December and other applicable regulations, informs you that:

a) All of the personal data supplied to CUEVASDELDRACH shall be treated in accordance with Organic Law 15/1999 of 13th December on the Protection of Data of a Personal Nature and Royal Decree 1720/2007 of 21st December and shall be included in a personal data file created and maintained under the responsibility of CUEVASDELDRACH (CUEVASDELDRACH), which has been duly registered at the Spanish Data Protection Agency with inscription code xxxxxxxxx.

b) The data are gathered for the following purposes: (i) management of the sale of the products offered via the website and (ii) sending of advertising and commercial research by electronic means on the company, its activities, products and services, and diverse documentation.

c) In the gathering and treatment of the personal data, the appropriate security measures have bene adopted to prevent the loss, unauthorised access or manipulation of the data, in accordance with the provisions of Royal Decree 1720/2007 of 21st December.

d) CUEVASDELDRACH undertakes to protect any confidential information to which it has access.

e) Under no circumstances will CUEVASDELDRACH use the personal data provided by users to provide services to third parties other than those referred to in section b) of this document or, if applicable, to obtain an advantage.

f) Users certify that they are over the age of 14 and that they therefore have the necessary legal capacity to give their consent regarding the treatment of their personal data; all this, in accordance with the provisions of this Privacy Policy.

g) Users may, at any time, exercise the right to access, rectify, cancel and oppose their personal data and to revoke their consent for any of the aforementioned purposes. To do so, they must communicate with CUEVASDELDRACH by means of the e-mail cuevasdeldrach@cuevasdeldrach.com or by sending a letter to our address: Ctra. Cuevas s/n, 07680 Porto Cristo, Mallorca, Islas Baleares / Spain.

The request must comply with the following legally-established minimum content: name and surname, photocopy or scanned copy of DNI (Spanish national identity card), specific request, address for notifications, date and signature of the applicant.

h) The completion of any form existing on the website www.CUEVASDELDRACH.com or the sending of an e-mail to any of our inboxes implies that users authorise the automated treatment of the personal data provided under the terms indicated. By merely visiting the website, users do not provide any personal information and are not obliged to do so.

i) CUEVASDELDRACH presumes that the data have been entered by their owner or by a person authorised by the former, and that they are correct and accurate. You are responsible for the veracity of the data and CUEVASDELDRACH shall not be liable for the inaccuracy of the personal data of its customers.